Consumer Protection Law Commons^™

أ.د. رمضان علي السيد الشرنباصي، الضوابط الشرعية لحماية المستهلك

Journal Sharia and Law

لم توجد حماية تشريعية للمستهلك في القوانين الوضعية إلا بعد عام سنة 1945م، عقب الحرب العالمية الثانية حيث الأزمة الاقتصادية الطاحنة التي اجتاحت العالم في تلك الآونة وعجز الانتاج عن الوفاء بمطالب الناس وارتفعت الأسعار وضاق الناس ظرعاً بهذا الأمر الذي تنبه له المشرع الوضعي ووضع القوانين حماية للمستهلك ابتداء من هذا العام وليس الأمر كذلك في الفقه الإسلامي، فإن حماية المستهلك في التشريعات الإسلامية تمت في عصر تكوين الرسالة في عهده -صلي الله عليه وسلم- والمعروف أن الشريعة الإسلامية نظمت الحياة الإنسانية على الإطلاق في المعاش والمعاد ( أي في الدنيا والآخرة، ومن يك في مرية من هذا فليراجع نفسه ...

The Scammer And The Charlatan: Regulating Health Fraudsters In The Time Of Covid-19, Brittany M. Riehm

University of St. Thomas Law Journal

No abstract provided.

Americans With Disabilities Act's Title Iii Public Accommodations And Its Application To Web Accessibility And Telemedicine, Priya Elayath

University of St. Thomas Law Journal

No abstract provided.

Standing Up For Consumers: Whether Third Party Payors Can Establish Standing To Sue Against Drug Manufacturers Under Civil Rico, Brianna Vollman

University of Cincinnati Law Review

No abstract provided.

European Union Food Law Update, Nicole Coutrelis

Journal of Food Law & Policy

On March 31, 2006, the European Commission published Council Regulation (EC) No. 510/2006 On the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs. This new regulation repealed Council Regulation (EEC) No. 2081/92 On the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs mainly to bring Community law into conformity with the World Trade Organization (WTO) agreements and the findings of a recent WTO panel. Under the new Regulation, persons in third countries (non-European Union members) are entitled to address applications for the protection of geographic names and statements ...

United States Food Law Update, Michael Tingey Roberts, Margie Alsbrook

Journal of Food Law & Policy

This update summarizes some of the significant changes and developments in food law over the first half of 2006. Not every change in food law is included; instead, this update provides a starting point for scholars, practitioners, food industry members, and policymakers determined to understand the shaping of food law in modern society. Tracing the development of food law through these updates, which appear in each issue of the Journal of Food Law & Policy, also provides historical context for the development of significant food law issues over time. New developments in state law, while certainly important and deserving in attention ...

Creating Balance: Problems Within Dshea And Suggestions For Reform, Jennifer Akre Hill

Journal of Food Law & Policy

The Dietary Supplement Health and Education Act of 1994 (DSHEA) was signed into law on October 25, 1994. At the signing, President Clinton endorsed the "intense efforts" of manufacturers and legislators to change the "treatment of dietary supplements under regulation and law." Further, the bill was signed with the hope that it would benefit consumers by permitting more access to dietary supplements and more choices for consumer directed healthcare. In support, politicians on both sides of the aisle claimed the DSHEA as a victory for consumer freedom, populist protection, and preventative medicine.

Open World Regulation: The Urgent Need For Federal Legislation On Video Game Loot Boxes, Alex Reyes

Washington Journal of Law, Technology & Arts

Loot boxes are items in video games that contain randomized prizes that players can purchase with real-world money. In recent years, loot boxes have come under scrutiny because the relationship between behavior and the underlying mechanics of loot boxes are similar to that of addictive behaviors associated with real-world gambling. Many papers suggest solutions focused on industry changes without direct regulation. However, these papers neglect the enormous profit incentive to maintain a business practice which can have detrimental behavioral effects on children. The United States federal government must take example from a growing number of European countries and ban the ...

The Effects Of Visions Condition In E-Consumer Protection A Comparative Study In Transaction Law, Ali Al-Mehdawi

Journal Sharia and Law

The introduction of electronic financial transactions, which have been classified as distance and international contracts, has created the necessity of creating domestic and international laws that deal with such transactions; the e-consumer protection occupies a large proportion of this field. This study discusses e-consumer protection with an emphasis on analyzing the Emirates' Civil Transaction Legislation, Electronic Transaction Legislation No. 1, 2006 and the Consumer Protection Law No. 24, 2006. The study includes a discussion of e-consumer protection through `viewing goods stipulation, the problems that arise from such a protective condition, and suggests solutions to solve such problems.

Effect Of The Consumer's Choice To Revoke The Contract On Determining The Moment At Which The Contract Is Concluded, Yousef Mohammed Shandi

Journal Sharia and Law

The choice to revoke the conclusion of a contract is one of the most important guarantees of a complete consent in contracts. It allows consumers a chance to contemplate and consider carefully the contract before they announce their final acceptance thereof. Despite the paramount significance of this choice in relation to the consumer, it raises a complex legal problem regarding the determination of the moment of concluding the consumer contract, which is associated with the choice to revocation. A legal school deems that such a choice takes effect immediately following the exchange of consent even before the period of revocation ...

The Efficacy Of The Law Protecting The Jordanian Consumer An Analytical Study Of The Law And Its Means Of Enforcement, Firas Kasassbeh, Moayyad Mohamed Al Qudat

Journal Sharia and Law

The Jordanian government has shown some hesitation in issuing an Act for the protecting of consumers against the unfair practices that might be committed by suppliers. Yet, it has, under the pressure of many private organizations and academics, drafted a proposed Bill to this end, which needs many legislative steps before becoming binding Act.

This study provides an analytical and critical account of the effectiveness of this Bill through exploring two of its main areas. The first area involves the scope of the protection provided by the Bill (the proposed Act), while the second, and covers the techniques adopted for ...

The Consumer In Legislation, Judicature, And Jurisprudence A Comparative Study, Yousef Shandi

Journal Sharia and Law

This research study deals with the significance of the term “Consumer” in legislation, judicature, and jurisprudence. It sets out to compare the European and French legislature in their dealings with the consumer. The study points out the importance of defining what constitutes a consumer and the rules governing consumption. The research study concludes that consumer protection must be clearly defined and its application and role specified

The Opioid Crisis Or Climate Change: Which Is More Likely To Succeed Under The Tobacco Litigation Model?, Elizabeth W. De Leon

Texas A&M Law Review

Societal problems can occasionally have legal solutions, and several tools exist to implement change, including litigation and regulation. However, what elements make a societal problem more suitable for litigation or regulation? This Article examines four different societal issues (tobacco use, obesity, opioid addiction, and climate change) to determine whether litigation or regulation is the more appropriate route for success. The tobacco litigation serves as a successful example, while the fast food litigation serves as an unsuccessful example. Six signs of success are derived from the tobacco litigation: a large settlement agreement, evidence of corporate wrongdoing, change in public opinion, the ...

Coronavirus "Cures" And The Courts, Chad G. Marzen, Michael Conklin

William & Mary Business Law Review

The coronavirus pandemic has drastically affected nearly every aspect of American life. Unfortunately, it has also created an opportunity for those willing to exploit vulnerable citizens by selling fake “cures.” This Article analyzes a lawsuit against televangelist Jim Bakker for doing just that. This Article also calls for increased protection for individuals when a global health pandemic and national emergency have been declared. This Article advocates a novel proposal—the enacting of a federal statute making it a felony for an individual to knowingly sell a fraudulent cure for any disease that has been designated a pandemic by the World ...

The More Things Change, The More They Stay The Same: Online Platforms And Consumer Equality, Anne-Marie Hakstian, Jerome D. Williams, Sam Taddeo

Pepperdine Law Review

Title II of the Civil Rights Act, along with its counterpart state laws, have protected the rights of racial minorities in the United States for decades. Section 1981 has guaranteed contract rights for all people, regardless of race, since 1868. But times are changing. Racial discrimination claims against 21st century technology companies face challenges when brought under existing laws. Even the relatively current Communications Decency Act (CDA) is unhelpful to consumers attempting to seek redress from online platforms. In this article, we analyze the only cases of consumer discrimination brought against providers of the sharing economy and highlight some of ...

Is The Word "Consumer" Biasing Trademark Law?, Dustin Marlan

Texas A&M Law Review

Our trademark law uses the term “consumer” constantly, reflexively, and unconsciously to label the subject of its purpose—the purchasing public. According to the U.S. Supreme Court, trademark law has “a specialized mission: to help consumers identify goods and services they wish to purchase, as well as those they want to avoid.” As one leading commentator puts it, “trademarks are a property of consumers’ minds,” and “the consumer, we are led to believe, is the measure of all things in trademark law.”

Much criticism has been rightly levied against trademark law’s treatment of the consumer as passive, ignorant ...

Sales, Acquisitions, And Mergers Of Direct-To-Consumer Genetic Testing Companies: The Risks And A Solution, Alyssa K Mcleod

Texas A&M Law Review

Direct-to-consumer genetic tests have become increasingly popular in the United States within the last few years. However, these tests pose many risks to the consumer, most notably privacy risks. A subset of these privacy risks involves the issue of company mergers, acquisitions, and sales. Many companies in the direct-to-consumer genetic testing market have privacy policies that contain a variation of a “business transfer” clause. These clauses specify that in the event the company goes through a business transition such as a sale, merger, or acquisition, the consumer’s personal information—including the consumer’s DNA—will be among the assets ...

Class Action As Means For Consumer Protection In The French Law And The Extent Of Its Application In The Jordanian Law, Alaa Khasawneh, Maha Khasawneh

Journal Sharia and Law

This study examines the class- action as a modern means of protection of consumer rights against unlawful acts of the professionals that lead to injury for a good number of consumers in the same damage or with similar damages issued by the same professional, the victims affected by these damages have the possibility of obtaining total compensation which will be shared among consumers members of the group, this study focus on the issue of the introduction of this action in the legal system of Jordan after a review of the most important models, whether in united States of America legislations ...

Defining The Concept Of Both The Consumer And The Professional In The Moroccan And The Comparative Laws, Abdel Rafeia Aloui

Journal Sharia and Law

The consumption contract holds on one end the Professional and on the other the Consumer, and given the importance of the conceptual specifically for each of the consumer and professional and the implications for the scope of the law, the problem posed by this subject is: Is it possible to determine the precise and agreed to these concepts and what are the effects of this limitation on the scope of protection afforded by Consumption Law of the consumer as a party is weak in a contractual relationship unequal? Any difference in the selection conceptual parties to the contract consumption means ...

Some Drawbacks In The Emirati Consumer Protection Law Of 2006: A Comparative Study With The Omani Consumer Protection Law 2014, Bashar Talal Al Momani

Journal Sharia and Law

We dealt with an exceptionally important subject, namely the drawbacks in the consumer ' protection law compared with the recently enacted one :The Omani Law ,taking an advantage of the western experience embodied in the French laws .The study indicated the double responsibility of both the consumers' protection management and the court in the UAE ,whereas the Omani Law assigned this to the General Authority of the Consumer protection and the French legislator gave this task to the general directorate of competition, consumption and cheat fighting . The researcher, then, realized the drawbacks of the Emirati legislation as the chambers of commerce ...